Delegated Legislation
- Created by: Katie
- Created on: 04-01-13 12:26
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- Delegated Legislation
- Orders in Council
- Made by Queen and Privy council
- Pm and other leading members of government.
- Misuse of Drugs act (amendment) order
- Cannabis downgraded B>C then upgraded again C>B
- Afghanistan Order 2001
- Made it an offence to make funds available to Bin Laden or the Taliban or any person connected to either
- Extradition (Terrorist bombings) order 2002
- Allowed for persons suspected of terrorist activities to be extradited for questioning and trial
- Made by Queen and Privy council
- Statutory Instruments
- Rules and regulations made by Government ministers
- Must consult affected bodies first
- 15 government departments
- Chemicals Regulations 2009
- Minister for work and pensions.
- EU Communities act 1972
- Regulates Hazard info and packaging for supply
- Minister for work and pensions.
- Undersized Spider Crabs order
- Unlawful to 'land' any spider crabs below 130mm.
- Made under Sea Fish (Conservation) act 1967
- PACE 1984
- Police codes of practice i.e: stop, search, arrest and detention.
- Minister for Justice
- Police and criminal evidence act 1984
- Rules and regulations made by Government ministers
- By-Laws
- Made by local authorities for 'the benefit of their community'
- E.g.:
- Alcohol free zones
- Criminal Justice and Police Act 2001
- Traffic Control
- Banning bikes in local parks
- Alcohol free zones
- London Undeground
- Banned smoking on the Tube after the King's Cross fire
- Arriva Trains
- Banned loitering and drinking at station and on trains after much antisocial behaviour
- Railways act 1993
- Disadvantages
- Lack of publicity
- Lack of effective scrutiny and control
- Conflicts with the separation of powers principle
- Obscure language and complex
- Sub-delegation
- Large volume of DL
- Undemocratic
- Advantages
- Allows for consultation
- Technical expertise
- Saves time
- Emergency Situations
- Saves parliamentary time
- Easy to change/ amend
- Control
- Judicial
- Doctrine of separation of powers
- Crucial that DL is open to challenge in court
- Can only challenge if affected by it
- Crucial that DL is open to challenge in court
- Ultra Vires
- Procedural
- Failing to follow a relevant procedure set out in the PA
- Substantive
- Body does something that goes beyond powers given in PA
- Procedural
- NUT
- SI setting conditions for appraisal and access to higher rates of pay for teachers
- Substantive ultra vires
- Education act 1996
- Also procedural ultra vires
- Only 4 days allowed for consultation
- Substantive ultra vires
- High Court
- SI setting conditions for appraisal and access to higher rates of pay for teachers
- Aylesbury Mushrooms
- Minister failed to consult the Mushroom Growers Association (85% of all mushroom growers) when passing a SI implementing a training board.
- Procedural ultra vires
- Minister failed to consult the Mushroom Growers Association (85% of all mushroom growers) when passing a SI implementing a training board.
- Strickland v Hayes BC
- BL prohibiting the singing or reciting of any obscene song or ballad and swearing in general
- Too widely drawn (public and private acts)
- BL prohibiting the singing or reciting of any obscene song or ballad and swearing in general
- Fire Brigades Union
- H.S tried to substitute his own scheme in place of the Criminal Injuries Compensation scheme ( CJA 1988)
- Substantive Ultra Vires
- H.S tried to substitute his own scheme in place of the Criminal Injuries Compensation scheme ( CJA 1988)
- Doctrine of separation of powers
- Paliamentary
- Super-affirmative resolution
- Negative resolution
- Becomes law unless rejected within 40 days
- Questions in Parliament
- Affirmative resolution
- Not become law unless approved
- Joint select Committee
- Checks SIs
- Is it 'ultra vires' or 'unusual'?
- Does it have a retrospective effect?
- Is it unclear or defective?
- Does it impose a charge or tax?
- Checks SIs
- Scrutiny Committe
- House of Lords
- Checks Bills
- Enabling Act
- Initial control over Delegated Powers
- Judicial
- Orders in Council
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